These Terms have been developed for all visitors to and users of the Website and Mobile Applications owned and operated by Evaneos SA, located at 27 rue de Mogador - 75009 Paris – France.
In addition to the other words defined throughout these Terms, the following words will have the following meanings:
“The Company” and “Evaneos” and “we/us/our” mean Evaneos SA, the owner and operator of the Website and Mobile Applications, together with our affiliates.
“Website” means any website owned and operated by Evaneos that links to these Terms, including the website currently located at: www.evaneos.com.
“Mobile Applications" means any executable program downloadable onto mobile devices that is owned and operated by Evaneos that links to these Terms, including the Evaneos travel companion mobile application.
“You” and “your” mean the all persons who access and use the Website or Mobile Applications, and includes any User, Member, and Traveler.
“Content” means any information presented on the Website or Mobile Applications, including text, data, images, graphics, photographs, music, audio, video, and any other presentation of information.
“Evaneos Content” means any Content that is made available by Evaneos through the Website or Mobile Applications, including any such content licensed by Evaneos from a third party but excluding any Member Content.
“Feedback” means any questions, comments, suggestions, ideas, original or creative materials or other information about Evaneos, the Website, Mobile Applications, or Services submitted by a User to Evaneos. Feedback submitted to Evaneos will not be considered Member Content for purposes of these Terms.
“Member Content” means any Content (other than Feedback) that is published, transmitted or shared by a Member on the Website or Mobile Applications, including all Content accessible through the “My Account” section.
“Services” means the travel information, travel agency marketplace services, and other travel services offered by Evaneos on the Website and Mobile Applications.
“User” means any person or entity navigating, visiting, or otherwise using the Website or Mobile Applications.
“Member” means any User who has created an Account on the Website or Mobile Applications, following the Account’s approval and acceptance by Evaneos.
“Local Travel Agency” means any third-party independent travel agent based in a country of destination making travel services available through the Website or Mobile Applications.
“Account” means any individual account created by a User through registration on the Website or Mobile Applications.
“Traveler” means any Member that has submitted a trip request or purchased Services through the Website or Mobile Application.
3. Description of Evaneos Services.
Evaneos is a marketplace bringing together Travelers with Local Travel Agencies for the purpose of devising and delivering customized Services. Evaneos, by means of the Website and Mobile Applications, offers the following Services to persons wishing to organize their travel:
- Information, advice and fact sheets
- Making contact with Local Travel Agencies specializing in devising and delivering customized Services
- System of transmission of personal contact details and other information to selected contacts and partners
- System of secure payment to Local Travel Agencies
- Information on, and offers of assistance services in respect of, repatriation and payment of medical expenses
- Information about travel insurance sold by third parties
- Online display and sharing of travel dossiers and photos
- Creation and sharing of testimonies, comment and advice
- Creation and sharing of feedback and content of experience
4. Evaneos Copyright and Intellectual Property.
As between you and Evaneos, Evaneos owns or otherwise has all proprietary and intellectual property rights (including copyright, trademark, and database rights and any similar rights anywhere in the world) in and to the Website, Mobile Applications, and Evaneos Content.
You may use the Website, Mobile Applications, and Evaneos Content solely for your personal, non-commercial use in connection with accessing, evaluating, obtaining, and using Evaneos’s Services. You are not granted any other right or license to use the Website, Mobile Applications, or Evaneos Content. Without limiting that general statement, you may not reproduce, represent, publish, distribute, transmit, display, modify, create derivative work from, extract data from, or use or exploit in any way, in whole or in part, any Content without our prior written permission.
You are permitted, and Evaneos grants you a limited, non-exclusive, non-transferable license, to use view, download, and print any Content from the Website or Mobile Applications solely for the permitted use of such Content, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. Without limiting the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the Website or Mobile Applications as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the Website or Mobile Applications). No other rights or licenses whatsoever are granted to you or any other party except as expressly set forth herein.
“EVANEOS” and all related names, logos, brands, product and service names, designs and slogans are trademarks of Evaneos or our licensors. You may not use or reproduce, in whole or in part, any of these marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using these names or any other colorable equivalent without our prior written authorization.
You will not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Website or Mobile Applications.
Any violation of the terms set forth in this Section may subject you to liability to the fullest extent provided under applicable law, including intellectual property law, for infringement and other legal action.
5. Use of Evaneos Website and Mobile Applications
You are only permitted to use the Website, Mobile Applications and Services for personal and non-commercial purposes and only for their intended purposes, as described on the Website and Mobile Applications and in these Terms and any other applicable policy.
Use of the Website and Mobile Application is not permitted for any person under 13 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use the Website and Mobile Applications with the permission and under the supervision of a parent or legal guardian who agrees to be bound by these Terms and who agrees to be responsible for all of your conduct on the Website and Mobile Application. You may only create an Account and use the Website or Mobile Application to purchase travel or other Services if you are at least 18 years of age (or the age of legal majority where you live).
You are solely responsible for your conduct (and the conduct of any person using your Account) while using our Website, Mobile Application, or Services.
In addition, you must use the Website, Mobile Applications and Services in accordance with applicable law. Without limiting that general requirement, and in addition to your other obligations throughout these terms, you agree that you will not, directly or indirectly:
- Use our Website, Mobile Applications, or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users, Members, or Travelers from fully enjoying our Website, Mobile Applications, or Services, or that could damage, disable, overburden or impair the functioning of our Website, Mobile Applications, or Services in any manner;
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct while using the Website, Mobile Applications, or Services;
- Attempt to indicate in any manner that you have a relationship with Evaneos or that Evaneos has endorsed you or any products or services for any purpose, unless Evaneos has provided you with prior written permission to do so;
- Use the Website, Mobile Application, or Services to send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other Users, Members, or Travelers for any such purposes;
- Attempt to reverse engineer any aspect of our Website, Mobile Applications or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of our Website, Mobile Applications, or Services (except as otherwise expressly permitted by law);
- Use or attempt to use another’s Account without authorization from both Evaneos and the Member who created such Account;
- Interfere with the security of the Website, Mobile Applications or Services, including by attempting to obtain any other person’s personal information or by attempting to gain access to any Account in a fraudulent manner;
- Develop any third-party application that interacts with Content or our Website, Mobile Applications, or Services without Evaneos’ prior written permission;
- Use any robot, iframe, spider, crawler, scraper or other automated means (other than any interface provided and authorized by Evaneos) to interfere with, prevent, or otherwise disrupt access to the Website, Mobile Applications, or Services, or to engage in any “screen scraping,” “database scraping,” or similar activities, including for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any Content made available via our Website, Mobile Applications, or Services;
- Bypass or ignore instructions contained in the robots.txt file, accessible at https://www.evaneos.com/robots.txt, that controls all automated access to our Website, Mobile Applications, or Services;
- Otherwise accumulate or index, directly or indirectly, through automated means or otherwise, any Content made available through our Website, Mobile Applications, or Services;
- Use the Website, Mobile Applications, or Services to establish independent data files or otherwise amass statistical information;
- Use our Website, Mobile Application, or Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
6. Third Party Websites.
If you use any social media sharing feature, or if the Website or Mobile Applications feature any “send to friend” email link or similar tool that allows you to initiate and send one or more of your friends any communication that includes any Content from our Website or Mobile Applications, or to post Content to any social media site, you may do so only in a manner that does not violate these Terms and any applicable law.
Under no circumstances will Evaneos be liable to you or any other person in respect of any content, advertising, products, services, or other tools or features available on or derived from any third party site.
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:
WE ATTEMPT TO DISPLAY ALL TRIP AND DESTINATION INFORMATION AND ALL OTHER CONTENT, MATERIALS, AND INFORMATION YOU VIEW ON THE WEBSITE AND MOBILE APPLICATION AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY, COMPREHENSIVENESS, AVAILABILITY, OR TIMELINESS OF SUCH INFORMATION AND MATERIALS, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE ON THEM.
THE WEBSITE AND MOBILE APPLICATION MAY CONTAIN INFORMATION ABOUT TRAVEL ARRANGEMENTS THAT ARE NOT AVAILABLE AT ALL TIMES OR IN ALL AREAS.
THE WEBSITE, MOBILE APPLICATION, SERVICES, AND ALL CONTENT AND OTHER INFORMATION, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, MOBILE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, MOBILE APPLICATION, SERVICES, CONTENT AND OTHER INFORMATION, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE AND MOBILE APPLICATION, THE SERVERS THAT MAKE THE WEBSITE, MOBILE APPLICATIONS, AND SERVICES AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE WEBSITE OR MOBILE APPLICATIONS, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, MOBILE APPLICATION OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.
CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.
8. Use of Community Tools; Member Content.
Certain sections of the Website and Mobile Applications are free to access without registration. However, certain features are available only to Members. When you create an Account as a Member, you should understand that your Member Account information is unique to you, and you agree not to disclose it to or share it with any third party. You also agree that you will be solely responsible for the maintenance and security of your Account password.
The Website and Mobile Applications enable Members to submit and share photos, stories, experiences, opinions, and travel blogs, all of which constitute Member Content. You are solely responsible for any Member Content you disclose, submit or offer to us. You are also responsible for all activities conducted by any person accessing the Website or Mobile Applications on your behalf or utilizing your Account, even if you are not the individual who undertakes such activities. This includes any unauthorized access and/or use of your Account or your computer or mobile device.
When you create an Account, sign up to receive our newsletter, submit any trip request, purchase Travel, or submit any Member Content, and each time you do any of the foregoing, you represent and warrant to us that (a) you are at least 18 years old; (b) you are using your actual identity; (c) you are providing only true, accurate, current and complete information; and (d) with respect to any Member Content, you are the sole author and owner of all intellectual property and other rights in that Member Content, or you have the full legal right to submit it to us and grant us all rights to use it under these Terms, without our needing to obtain any consent of any third party, and the Member Content does not and will not violate any of these Terms.
If you submit any Member Content to the Website or Mobile Applications, you understand and agree that we have the right, but not the obligation, to use that Member Content, or any part thereof, in our discretion and for any purpose, including advertising and promotional activities and/or any other commercial purposes, without any right of compensation to you or any third party. Accordingly, when you submit any Member Content, you grant to us a non-exclusive, transferable, perpetual, royalty-free, worldwide right and license to copy, use, reproduce, distribute, display, publish, adapt, prepare derivative works of, and/or amend any of that Member Content in any format, in any media and manner, and for any purpose (whether commercial, promotional, or otherwise), including within and to promote our Website, Mobile Applications, Services, and Local Travel Agencies, without obtaining any further consent from you. You understand that no Member Content disclosed, submitted or offered to us will be treated as confidential, and you agree that you will not provide any Member Content that includes any confidential or proprietary information.
All Member Content must comply with these Terms and any other requirements we may implement from time to time. To that end, you will not, directly or indirectly post, upload to, transmit, distribute store, create or otherwise publish or send through our Website, Mobile Applications, or Services any of the following:
- Member Content that is unlawful, libelous, defamatory, offensive, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable;
- Member Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
- Member Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
- Member Content that you do not have a right to submit, whether by law or under any contractual or fiduciary relationship;
- Member Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Member Content that contains personal information about any person, including names, addresses, email address, credit card information, or images of any individual, without that person’s permission;
- Member Content that impersonates or misrepresents your affiliation with any person or entity, including through the use of forged headers or identifiers that disguise the origin of any Member Content;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Member Content that, in the sole judgment of Evaneos, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, Mobile Applications, or Services, or which may expose Evaneos or its Users, Members, Travelers, or Local Travel Agencies to any harm or liability of any type.
While Evaneos reserves the right to monitor any Member Content for compliance with these Terms and our other policies, we cannot control all Member Content prior to its publication. Evaneos reserves the right at any time to withdraw any and all Member Content that violates these Terms, without notice and at its entire discretion.
In addition to Member Content, you can submit Feedback to Evaneos. Feedback is non-confidential and shall become the sole property of Evaneos upon its transmission to us. Evaneos shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
10. Limitation of Liability.
EVANEOS WILL NOT BE LIABLE TO ANY USER, MEMBER, TRAVELER, OR THIRD PARTY UNDER ANY THEORY OF LIABILITY – WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE – FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO USE OF THE WEBSITE, MOBILE APPLICATIONS, SERVICES, OR ANY CONTENT OR OTHER INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, MOBILE APPLICATIONS, OR SERVICES, INCLUDING (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE, AND (B) ANY INABILITY TO USE, OR RELIANCE UPON, THE WEBSITE, MOBILE APPLICATIONS, SERVICES AND ANY CONTENT OR ANY PRODUCTS OBTAINED ON OR THROUGH THE WEBSITE, MOBILE APPLICATIONS, OR SERVICES, IN EACH CASE EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF EVANEOS FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, MOBILE APPLICATIONS, SERVICES, OR ANY CONTENT OR OTHER INFORMATION, MATERIALS, AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE, MOBILE APPLICATIONS, OR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (I) THE AMOUNT PAID BY YOU TO EVANEOS TO ACCESS OR USE THE WEBSITE, MOBILE APPLICATION, OR SERVICES OR (II) $100.
CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
11. Copyright Complaints and Content Withdrawal.
We take claims of copyright infringement seriously. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In the United States, the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (as amended from time to time, the “DMCA”), provides a complaint procedure for copyright owners who believe that any materials on the Website or Mobile Applications infringe their rights under US copyright law. If you are a US person, and you believe that your work has been improperly copied and posted on the Website or Mobile Applications, you may request removal of those materials (or access thereto) by submitting written notification to our Copyright Agent (designated below). To comply with the DMCA, your written notice must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
These requirements must be followed to give us legally sufficient notice of infringement. Our copyright agent to whom you should send copyright infringement complaints is:
Eric la Bonnardiere
27 rue de Mogador
We strongly suggest that you consult your legal advisor before filing a DMCA notice with our copyright agent. There can be penalties for false claims under the DMCA. For example, if you knowingly materially misrepresent that material or activity on the Website or Mobile Applications is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
12. Cancellation of Services, Compliance with Terms.
Evaneos has the right, but not the obligation, to monitor the Website, Mobile Applications, and any Content (including Member Content), at our discretion or at the request of third parties, in order to verify compliance with these Terms and any other Evaneos policies. However, Evaneos assumes no responsibility or liability arising from any use of the Website or Mobile Applications, and Evaneos is under no obligation to enforce these Terms or any other Evaneos policy on your behalf against any other User, Member, Traveler, Local Travel Agency, or other party.
If you have any questions regarding these Terms or any other Evaneos policy, or regarding the Website, Mobile Applications, or Services, you can contact us at email@example.com, by phone at +1 (888) 859-3496, or by mail at the following address: Evaneos SA – Customer Service – 27 rue de Mogador - 75009 Paris - FRANCE; or by telephone at +1 (888) 859-3496. If you contact us by mail or phone, we may need to take steps to confirm your identity before we can address your concern.
We use e-mail as a vital and primary communication channel with you. By using the Website and Mobile Applications, if you provide us with an e-mail address, such as when using the “Get in touch” or any similar features of the Website or Mobile Applications, creating an Account, or opting into our newsletter, you grant us permission to communicate with you by e-mail for any purposes, including for any disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail. You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
14. Access to the Website, Mobile Applications and Services.
A. Access to Website and Mobile Applications
Evaneos provides online access to the Services through the Website and Mobile Applications. A connection to the Internet is required to access the Website and Mobile Applications.
To access certain features of the Website and Mobile Applications you must register as a Member and create an Account. Creating an Account will require you to enter your email address and create a password.
B. Availability and Operation of Website and Mobile Applications
While we try to make the Website and Mobile Applications available at all times, we do not guarantee that the Website and Mobile Applications will operate continuously or free from error, or will be secure or free from bugs or viruses. See the Disclaimer included in Section 7 of these Terms, which includes some limitations regarding our responsibility for availability of the Website and Mobile Applications.
You are responsible for configuring your information technology, computer programs and platform to access the Website, Mobile Applications and Services and we recommend that you use your own virus protection software.
C. Refusal, Suspension and Interruption of access
Evaneos is free at any time and for any reason to refuse, interrupt, or suspend access to, to modify, and to remove or take down all or part of the Website, Mobile Applications, or Services, including for operational or maintenance reasons.
15. Request for Travel Cost Estimate.
To receive Evaneos’ services (i.e., to contact a Local Travel Agency, submit a trip request, or receive a travel cost estimate), you must first confirm your identity, by registering for an Account and sending a request for the applicable information.
Issuing requests to Local Travel Agencies for cost estimates is free of charge. To request a cost estimate, simply click the “Contact a local agency” button on the main page for any destination and submit the online form.
Certain conditions must be met for you to become a Member and be able to submit a travel cost estimate:
- You must be a consumer and not be acting on behalf of any third party;
- All of the information you provide must be accurate, verifiable, comprehensive and up to date;
- You must use a personal email address; and
- Your chosen login details and password must be compliant with these Terms and all other Evaneos policies.
If you submit any false information on behalf of yourself or another Traveler, you will be liable to the fullest extent provided by applicable law.
16. Connection with Local Travel Agency.
To make contact with a Local Travel Agency to organize your travel, proceed in the following order:
- Select destination
- Choose a Local Travel Agency and choose a proposed itinerary
- Describe the Travelers and your travel plan
- Specify your expectations in terms of accommodation, travel companions and pace of travel
- Provide your contact information so that your chosen Local Travel Agency can contact you
- Take receipt of an email confirming transmission of your application form
- Take receipt of a customized cost estimate direct from the selected Local Travel Agency
Evaneos’ choice of appropriate Local Travel Agencies is dependent on you providing the information set out above.
17. Your Liability and Release of Evaneos.
A. Personal Liability for Use of the Website, Mobile Applications and Services
You will defend, indemnify, and hold harmless, Evaneos, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, and partners from any claims or damages, including reasonable attorneys’ fees, arising out of (a) your access to, use of, or conduct in connection with our Website, Mobile Applications, or Services; (b) any Member Content or Feedback you provide; (c) your violation of these Terms, any other Evaneos policies, or any agreement between you and any Local Travel Agency; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); and (e) any claims made by any third parties that participate in any travel purchased through our Website, Mobile Applications, or Services.
B. Your Liability in Regard to Assistance/Insurance
With respect to your intended travel, it is advisable to take out insurance including coverage for personal assistance services and payment of medical expenses, accident insurance, repatriation cover, luggage insurance, cancellation insurance, and coverage of legal liability. It shall be your responsibility to check your insurance coverage and if necessary take out insurance with your insurance broker or through an insurance agency that you connect with through our Website or Mobile Applications.
C. Your Liability in Regard to Your Communications
You acknowledge that you (and not Evaneos) are solely liable for any and all electronic information and content (including Member Content) you upload to the Website or Mobile Applications, and acknowledge that Evaneos shall incur no liability in this respect whatsoever. You acknowledge that you shall and must use the Website, Mobile Applications, and Services in a manner compliant with applicable law.
D. Release of Evaneos
You acknowledge that you are connecting to and using the Website, Mobile Applications, and Services at your sole risk, including all of the risks associated with other Users, Members, Travelers, and Local Travel Agencies.
Evaneos, our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, partners, and representatives (collectively, “released party”) shall not be responsible or liable for cancellations, acts of Local Travel Agencies, Tour Operators, or other service providers, variation, postponement, omission or default by air carriers, land carriers, hoteliers or hotels, transportation companies, or any other persons providing services or accommodations to you including any results thereof, such as changes in services, accommodations or facilities. Nor shall they be liable for loss or damage to baggage or property, or for injury, illness or death, or for any damages or claims whatsoever arising from loss, negligence or delay from the act, error, omission default or negligence of any person that is not its employee, including any act, error, omission, default, or negligence of any country, government or governmental authority, officer or employee. The released party shall not be liable for indirect, special or consequential damages. You hereby expressly release Evaneos from any and all liability, controversies, claims, suits, injuries, loss, harm or damages arising from or related to disputes, dealings, or interactions between you and any other Users, Members, Travelers, Local Travel Agencies, Tour Operators, Travelers or other third parties.
E. Additional Risks
Security is a major concern to all of us and the situation globally is constantly changing. Events around the world, coupled with the “Travel Advisories” put out by various governments, may at times necessitate changes to the accommodations and itinerary or even trip cancellation. You must accept these risks involved in travel to any country that may experience security difficulties and accept responsibility for your own travel decisions. You are urged to consult with government sources, including the United States Department of State, news sources as well as your Local Travel Agent prior to making your travel plans. Evaneos, and our directors, officers, shareholders, agents, employees, contractors, volunteers, licensors, and partners, are a referral service only and DO NOT arrange tours, transportation, sightseeing, lodging, or any other services related to your tour. Evaneos is an independent contractor and is not an employee, agent, or representative of any Local Travel Agencies, Tour Operators, or their suppliers. Evaneos does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. Evaneos is not affiliated with any Local Tour Agency or Tour Operator. All Local Tour Agencies, Tour Operators, and suppliers are independent contractors, and are not agents or employees or representatives of Evaneos. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither Evaneos, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Evaneos. Evaneos assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; and Evaneos shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Evaneos accepts no responsibility for lost or stolen items.
18. Role of Evaneos in the Choice of Local Travel Agencies.
Evaneos has selected Local Travel Agencies that are experts in the organization of consumer travel and who possess the authorizations and insurance required in their countries of establishment. Evaneos provides a service through which Members are put in contact with Local Travel Agencies. Evaneos performs screening of the Local Travel Agencies but this screening does not necessarily entail any kind of identity background checks unless otherwise stated in these terms and conditions. You are encouraged to engage in a conversation with the Local Travel Agency to confirm that you are comfortable using their services. We will not bill you for our services, and add no further costs to the cost estimate provided by Local Travel Agencies. Our remuneration is made up of commissions paid to us by Local Travel Agencies.
All agreements entered into between Travelers and Local Travel Agencies are between the Traveler and the subject Local Travel Agency only and not Evaneos which is therefore not involved in the contracting.
Evaneos does not employ any Local Travel Agents and has no control over the acts or omission of any Local Travel Agent.
Evaneos does not guarantee the quality, safety or legality of Services of Local Travel Agencies advertised or provided on and/or through the Website, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Local Travel Agencies to deliver Services, the ability of Travelers to pay for Services, or that a Local Travel Agency or Traveler will actually complete a transaction.
Local Travel Agencies assume full liability for the services that they offer and provide and for their choice of service providers. In this respect, Travelers will be required to accept the terms of sale of each Local Travel Agency, as set forth in the Local Agency Agreement and as they come into force at the time of your acceptance of the Local Travel Agency’s delivery of a cost estimate and/or of your making initial payment.
You hereby expressly release Evaneos from any and all liability for any controversies, claims, suits, injuries, loss, harm, or damages arising from or related to our Services or your interactions or dealings with Local Travel Agencies and their service providers, including acts and omissions of Local Travel Agencies. All use of our Services is at your sole and exclusive risk.
19. Cancellation and Reimbursement.
Before making a reservation with a Local Travel Agency, you undertake to read and accept the terms of the applicable Local Agency Agreement, all of which will apply in addition to these terms.
Any cancellation must be notified by letter, facsimile or email directly informing the Local Travel Agency in the form required by the Local Agency Agreement. Cancellation fees may be payable in an amount that may vary in accordance with the timeframe of cancellation and the Local Agency Agreement, which you are required to consult.
We suggest that you take care both (a) to read in detail the Local Agency Agreement relating to cancellation, pre-payment and failure, and (b) to show, and to make all payments by the deadlines agreed with the Local Travel Agency.
It is your responsibility to give notice of cancellation to any insurer by the deadlines set out in the insurer’s terms and conditions of cancellation, which may affect your ability to claim cancellation expenses. Evaneos will not reimburse any cancellation insurance premium you incur. The Local Agency Agreement will apply to you. Cancellation expenses will be payable out of the initial down payment made by you when reserving through the Local Travel Agency. If you have made payment through the Evaneos secure payment platform, Evaneos will credit you by using the means of payment originally adopted (bank card, wire transfer, etc.).
Reservations are effective as soon as initial down payment has been received.
The terms and conditions of payment are those set out in the Local Agency Agreement, which you must consult.
Each Local Travel Agency is required to inform you of its terms, conditions and means of payment.
Travelers pay Local Travel Agencies through the Evaneos secure payment platform. To enable this, your Local Travel Agent will send you a payment link by email once the travel cost estimate has been accepted.
In the event of an error in connection with the pricing or charging of a Package, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the purchase and refund any amount charged. Your sole remedy in the event of a billing error is to obtain a refund for the excess amount charged. To be eligible for such refund, you must provide notice of any billing error within 120 days of the date of the billing statement in which such error first appeared.
Between the moment of drafting the cost estimate and the moment at which you agree to it, accommodation availability may change. If such changes take place, your renewed consent to the altered situation will be requested.
D. Services Not Used
If any travel is cut short or interrupted by a Traveler, including if any land, river, sea or air-based service not fully taken up for whatsoever reason, there will under no circumstances be any refund from the Local Travel Agency.
It is the Traveler’s responsibility to take out insurance cover providing for recovery of any sums paid out for unused Services.
E. Evaneos Disclaimer Against Local Travel Agency Default
Evaneos makes no representations or warranties regarding and is not liable for the services provided by Local Travel Agencies, nor will it be held liable for their default in any event, including in the event of their going into administration or receivership or for any criminal wrongdoing committed by the Local Travel Agencies.
F. Evaneos Customer Service
However, in the event of Local Travel Agency default making it impossible to perform the selected travel schedule, Evaneos will assist by attempting to find an alternative solution through another Local Travel Agency.
As part of this commitment, Evaneos undertakes to ensure that you do not suffer financial loss in this respect.
Evaneos is thus committed to paying you compensation in the amount you paid to the defaulting Local Travel Agency, by refunding it to you if no alternative Local Travel Agency can manage the travel schedule you paid for, or if not by paying an equivalent sum directly to the alternative Local Travel Agency managing your travel schedule. If there is an outstanding balance for Services, unpaid in whole or in part, you should make complete payment to the alternative Travel Agency, without any liability attaching to Evaneos in such circumstances.
In the event of dispute with the Local Travel Agency, before, during or after your travel, Evaneos customer service is at your disposal to assist in resolving the issue. You can contact us at the following address: firstname.lastname@example.org and telephone number: +1 (888) 859-3496.
20. Governing Law and Jurisdiction; Waiver of Class Actions.
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
These Terms are governed by U.S. law and the laws of the state of Delaware, without regard to conflicts of law principles. All User, Member, and Traveler claims must be submitted in writing and received by Evaneos no later than sixty (60) days after the earlier of (a) the date of the event giving rise to the claim, or (b) the completion of the Traveler’s vacation as booked through the Website or Mobile Applications, if applicable. Claims not submitted and received within this time shall be deemed waived and barred.
YOU AND EVANEOS HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
Evaneos reserves the right at its sole discretion to modify the Website, Mobile Applications and Services from time to time and may restrict access thereto. By using the Website, Mobile Applications, or Services after any such notification of modification you are deemed to accept the modifications made.
Evaneos reserves the right at any time and in our sole discretion to modify these Terms. If we make changes to these Terms, the modifications will be effective when the changes are posted to the Website or Mobile Applications. We may provide notice of such changes, such as by sending an email notification or providing notice through the Website and Mobile Applications, but it is your responsibility to check for updates to these Terms. You will be able to determine when these Terms were last updated by referring to the “Last Updated” date at the beginning of these Terms. Your continued use of the Website and Mobile Applications will confirm your acceptance of the revised Terms, whether or not you have reviewed them. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Website or the Mobile Applications. If you do not agree to the revised Terms, you may not access or use the Website or Mobile Applications. Any changes we make will not affect your rights with respect to Services you have already purchased before the effective date of the changes.
22. General Provisions.
If any provision contained in these Terms is declared, in whole or in part, invalid or inapplicable under applicable law, (a) the invalid or inapplicable provisions in question shall be deemed replaced by valid and applicable provisions that are the best approximation to the intention of the original provision, and (b) all other terms of these Terms will be unaffected and will remain in force and effect.
Evaneos shall be entitled to assign, transmit, sub-contract or delegate its rights, duties and obligations under these Terms to a third party. No entitlement of this kind is granted to you.